||All England Reporter
|| All ER (D) 99 (Jan)
||Court of Appeal, Civil Division
Buxton and Latham LJJ
||Nigel Godsmark QC (instructed by Ison Harrison & Co, Leeds) for the claimant.
||David Pugh (instructed by Plummer Tilsley Logan, Colchester) for the defendant.
||18 January 2002
Negligence - Contributory negligence - Personal injury - Claimant tripping on unlit steps at defendant's premises - Judge finding contributory negligence of 60% - Whether judge in error.
On the facts of the instant case, the judge had been entitled to conclude that the claimant was 60% to blame for injuries suffered. The claimant had chosen to leave the defendants premises through a dark exit and the judge's conclusion as to her contributory negligence was well within the ambit of his discretion.
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